Personal injury solicitors for clients throughout England & Wales
England & Wales
Treatment costs money, and after an accident it is money most people end up paying out of their own pocket, at least to begin with. Physiotherapy sessions, private consultations, psychological support and specialist rehabilitation all add up, and they are all capable of forming part of a personal injury claim. Our solicitors explain what can be recovered and how to make sure it is properly recorded.
We act for clients throughout England and Wales, from those who paid for a short course of physiotherapy to people facing years of rehabilitation after a serious injury. Where treatment can be arranged early rather than after the claim settles, that is usually better for recovery, and we look at whether it can be achieved.
Yes, where the treatment or rehabilitation was made necessary by the injury. These are special damages, which means they compensate for money the injury has cost you rather than for the injury itself. They can cover treatment you have already paid for as well as treatment you are likely to need in future. The costs have to be connected to the injury, and they have to be supported by evidence.
This is one of the heads of loss that people most often leave unclaimed, usually because nobody has told them it counts. Receipts for physiotherapy, a private consultation, or an over the counter treatment that became a regular expense do not look like legal evidence, but they are exactly what a claim is built from. Small amounts that continue over months have a habit of adding up to a meaningful figure.
There is also a practical reason to keep track from the start. It is far easier to put together a record of treatment as it happens than to reconstruct a year of appointments from memory later. A simple folder of receipts, together with a note of the dates and what each appointment was for, is usually enough to begin with.
The range of treatment that can form part of a claim is wider than most people assume. What matters is that the treatment was needed because of the injury, and that the medical evidence supports that.
Physiotherapy
Sessions to restore movement and strength after a soft tissue or joint injury, which are among the most common treatment costs in a claim.
Psychological support
Counselling, cognitive behavioural therapy and other talking therapies where the accident has caused anxiety, low mood or post traumatic stress.
Private consultations
Appointments with a consultant, specialist or GP where they were needed because of the injury, including the cost of any referral.
Scans and investigations
MRI, CT and ultrasound scans, X-rays and other investigations carried out privately to establish or monitor the injury.
Specialist rehabilitation
Coordinated programmes after a serious injury, which may combine physical therapy, occupational therapy and cognitive rehabilitation.
Treatment at home
Domiciliary physiotherapy or nursing visits where travelling to a clinic was not practical because of the injury.
Two points are worth knowing before you start adding things up. Free treatment you received through the NHS is not something you can recover personally, because you did not pay for it, although the NHS has its own separate route to recover its costs from the compensator. And treatment has to be reasonable. A course of treatment that the medical expert does not consider necessary is unlikely to be recovered, however much it cost.
A claim can take a year or more to resolve, and in a serious case considerably longer. Waiting until then for treatment is often the wrong answer, because early rehabilitation tends to produce better recovery than treatment delayed. There are mechanisms designed to avoid that wait, and they are worth asking about.
Where liability is admitted, or where the insurer accepts responsibility in principle, it is sometimes possible to arrange physiotherapy, occupational therapy or psychological support early, with the cost met by the insurer. Some insurers positively prefer this, because it is usually cheaper for them than a longer recovery. Where liability is disputed, the position is harder, but it is not always impossible.
A related route is the interim payment, which is money paid on account of compensation before the claim settles. It can be used to fund treatment, rehabilitation, care or equipment while the claim continues. Interim payments usually require an admission of liability or a court order and are not available in every case, but where they can be obtained they make a real practical difference.
We cannot promise privately funded treatment in every case, and it would be wrong to suggest otherwise. What we can do is raise it early, put the request to the insurer properly, and explain honestly what is and is not achievable in your circumstances.
None of these can be guaranteed in advance. Each depends on the attitude of the insurer and the circumstances of the case.
Unlike the award for the injury itself, treatment costs are proved with paperwork. That is helpful in one way, because receipts are objective and hard to argue with, but it does mean the claim is only as good as the record behind it. The single most useful thing you can do is keep everything, from the day of the accident onwards.
Alongside the receipts, the medical evidence matters just as much. It has to explain that the treatment was needed and appropriate to the injury, because an insurer will otherwise treat it as a matter of preference rather than a loss. Where you have paid for a long course of treatment, a report from the treating practitioner confirming what was done and why adds real weight.
Where treatment is expected to continue, the medical evidence needs to look forward as well as back. It should set out what you are likely to need, how often and for how long, so the future cost can be calculated from recommendations rather than guessed at. In serious cases a rehabilitation or case management expert may prepare a structured plan.
Finally, keep the small things too. Parking charges, train tickets and mileage to appointments are recoverable where they arise from the injury, and they are almost impossible to reconstruct months later if nobody has written them down. This is dealt with alongside the other heads of personal injury compensation, and it is one of the easier losses to prove when the records exist.
Treatment and rehabilitation costs form part of the financial side of a claim, alongside lost earnings, care, equipment and travel. They are dealt with separately from the award for the injury itself.
The award for the injury itself and the effect on your life, known as pain, suffering and loss of amenity. It is assessed on the medical evidence rather than calculated from receipts. Our page on pain, suffering and loss of amenity explains how that part works.
The award for money the injury has cost you, proved with documents. Treatment and rehabilitation sit here next to lost earnings, care and assistance, travel and equipment. In a serious injury this part of the claim often builds over many years, because treatment and rehabilitation continue long after the accident.
Where injury has also affected your income, you may have a separate claim for loss of earnings compensation. Where help is needed around the home while you recover, that is dealt with under care and assistance.
Yes, where the treatment or rehabilitation was made necessary by the injury. These are special damages, which means they compensate for money the injury has cost you rather than for the injury itself. They can cover treatment you have already paid for as well as treatment you are likely to need in future. The costs have to be connected to the injury and supported by evidence, which usually means receipts together with a medical view that the treatment was appropriate.
The list is wider than most people expect. It can include physiotherapy, occupational therapy, psychological support such as counselling or CBT, chiropractic and osteopathic treatment, private medical consultations, prescribed medication, scans and investigations, dental work following an injury, and specialist rehabilitation programmes. Where an injury is serious, rehabilitation often involves a coordinated plan rather than a single course of treatment.
Yes, where the medical evidence supports that you will need it. Future treatment costs are a recognised part of a claim, and they are calculated from a medical expert's view of what you are likely to require and over what period. The further ahead the treatment stretches, the more the claim depends on that expert evidence. Where liability has been admitted, it is sometimes possible to arrange treatment earlier rather than waiting until the claim settles.
Care received free of charge through the NHS is not a loss you can recover yourself, because you did not pay for it. There is a separate mechanism under which the NHS can recover its own treatment costs from the compensator, but that is dealt with between the NHS and the insurer and does not come out of your compensation. What you can claim are costs you have genuinely borne, such as private treatment, prescriptions, or travel to appointments.
Often it can be. Where liability is admitted or the insurer accepts responsibility in principle, it is sometimes possible to arrange physiotherapy, occupational therapy or psychological support early, with the cost met by the insurer. This matters most where early treatment can make a real difference to recovery. Whether it can be arranged depends on the attitude of the defendant and insurer in the individual case, and it is never guaranteed.
Keep every receipt and invoice, however small, and keep a record of the appointments you attend. A medical report explaining what treatment was needed and why is central, because the insurer needs to see that the treatment was appropriate to the injury rather than a matter of preference. Where treatment is expected to continue, the medical evidence should set out what is likely to be required and for how long.
Yes. Journeys to and from appointments, hospital visits and therapy sessions are a recoverable expense where they arise from the injury. Keep a simple log of dates, destinations and mileage, or keep tickets and parking receipts. It is one of the smaller heads of loss, but it adds up over a long course of treatment and it costs nothing to record as you go along.
Care provided by family members is usually claimed under a separate head of loss known as care and assistance, rather than medical costs, because it reflects the value of the help provided rather than treatment. Where a family member has paid for treatment on your behalf, that cost can be recovered as a treatment expense. It is worth keeping the two separate so the loss is presented clearly.
It is built from medical evidence rather than estimated. A specialist sets out what rehabilitation you are likely to need, how often, and for how long, and the cost is then calculated from those recommendations. In serious cases a rehabilitation or case management expert may be instructed to prepare a full plan. Where the need continues for years, the calculation has to account for that duration properly rather than assuming a short course of treatment.
Yes. Treatment and rehabilitation costs are simply one element of the compensation, funded in the same way as the rest. Suitable claims may be accepted under a Conditional Fee Agreement, commonly called No Win No Fee, subject to an assessment of liability, the evidence and the prospects of success. If the claim succeeds, a success fee may be payable, and in many personal injury claims the legal cap is 25% of the relevant categories of damages including VAT.
The answers above explain the position generally. Every claim turns on its own facts, and the applicable rules are those in force at the relevant time. For advice on how long you have to bring a claim, see our page on personal injury claim time limits.
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Read our Regulatory InformationTell us what happened and a member of our team can explain whether you may have grounds to claim, what treatment costs can be recovered and how the claim is likely to work in practice. The assessment is free, and there is no obligation to proceed.
